Accident and Negligence Death Case
Rajesh Khattar
(Querist) 21 February 2011
This query is : Resolved
Dear Sir,
I am presenting my case in detail.
My Nephew aged 17 years met with an accident with speeding Swift Car on 13th Jan. 2011 and that was the Head on Collision. My Nephew was on Activa Scooter ( with out Gear ) . He was seriously injured and admitted to Hospital. My Nephew was having proper License, whereas the Driver of the Car didn’t have the License but his car was insured. Police imposed IPC 279, 338 and 427 at that time.. My Nephew was put on Ventilator and after 5 days Ventilator removed and from 20th Jan he started recovering. But at that time he was on Liquid diet but on 23rd Jan. Hospital Staff ‘s negligence they gave him Solid food that struck into his wind pipe and he died. Hospital showed “ FAT AMBOLISM “ in Death summary. After our Protest , Police sent the Organ to PGI Rohtak and Madhuban for further Investigation and imposed another IPC 304A. The Post Mortem report is still awaited. Hospital did not provide us any Report ( i.e. CT Scans/Examination Report), Even Hospital Doctors don’t want to meet us to tell the reason of Death.
My Questions are :
1. Are these IPCs are sufficient.
2. Owner of the Car and Driver of the Car will be punished or not if so then for how many years.
3. What can we do against the Hospital for their negligence.
4. My Nephew was the only son of my Brother and his everything was dependent upon him. How much we can claim for this case.
I request to all the Experts to please guide us .
Regards
Rajesh Khattar
Faridabad
MAMTA
(Expert) 21 February 2011
you can file case in accident tribunal against owner and driver of the car for compensation.
as far as hospital is concern you can file case deficiency in service for that you have to established in consumer forum that hospital, doctors and staff were negligent while providing treatment to deceased.
G. ARAVINTHAN
(Expert) 27 February 2011
For getting compensation, you need to file a claim petition before the Motor Accident Claims Tribunal in your locality, with the particulars of the accident, licence, insurance for vehicle, treatment details if any and other necessary medical documents
